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ARKEL CONSTRUCTORS v. DUPLANTIER & MERIC

No. 2006 CA 1950, 2006 CA 1951.

965 So.2d 455 (2007)

ARKEL CONSTRUCTORS, INC. v. DUPLANTIER & MERIC, ARCHITECTS, L.L.C., Thomas S. Meric, Jr., the State of Louisiana Through the Division of Administration, Office of Facility Planning and Control, and Schrenk & Peterson Consulting Engineers, Inc. Professional Construction Services, Inc. v. Arkel Constructors, Inc. and American Casualty Company of Reading.

Court of Appeal of Louisiana, First Circuit.

July 25, 2007.

Attorney(s) appearing for the Case

Murphy J. Foster, Steven B. Loeb, Yvonne R. Olinde, Baton Rouge, Counsel for Plaintiff/Appellee Arkel Constructors, Inc.

Michael F. Weiner, Daniel S. Terrell, Mandeville, Counsel for Third-Party Defendant/Appellant Professional Construction Services, Inc.

Terrence L. Brennan, New Orleans, Counsel for Defendant/Appellee Duplantier & Meric Architects, L.L.C., Thomas S. Meric, Jr., and Schrenk & Peterson Consulting Engineers, Inc.

Pamela Miller Perkins, J. Michael Lamers, Allen Harvey, Baton Rouge, Counsel for Defendant/Appellee State of Louisiana Through Division of Administration, Office of Facility Planning & Control.

Richard E. King, David M. Moragas, New Orleans, Counsel for Defendant/Appellee Maryland Casualty Company.

Before: PETTIGREW, DOWNING, McCLENDON, HUGHES and WELCH, JJ.

DOWNING, J.

This dispute arises out of a construction project in Baton Rouge for work on the Louisiana Department of Environmental Quality's Laboratory Building. The issues before us concern: (1) the appealability of the trial court's judgment denying the motion to compel arbitration; (2) whether the trial judge, rather than the arbitrator, has the authority to determine if the party requesting arbitration is in "default" and; finally, (3) whether the trial court...

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